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I was hired by a consulting firm to work on a part-time basis conducting executive assessments and was told I would work between 25 - 30 hours per week for $400 per day. If I work 4 hours a day then my assumption was that I would be paid $200...not $400. Similarly, I assumed that if I worked 12 hours on a particular day I would be paid $600. If I spend 6 hours on a Saturday doing work (that is required in order to meet client deadlines) then I would be paid $600. I do not receive any benefits, paid vacation, paid sick days, etc., and have been working between 30 - 45 hours per week, which is okay....I am paid by the company directly (meaning I do not 'bill' them) but my question is this: when they say that the pay is $400 per day, are they legally required to pay me per hour any additonal time beyond 8 hours?

Would appreciate your input.

Thanks,

Mikki

Asked on 3/30/07, 7:36 pm

1 Answer from Attorneys

The answer is that it depends. When you are a 1099 employee, the terms and conditions of employment are spelled out in some type of agreement. If there is no written agreement, then an oral agreement in most cases is assumed. However, with an oral agreement things can be very ambiguous, and thus open to interpretation.

Another thing which needs to be reviewed is what type of classification you have under the Fair Labor Standards Act.

Bottom line is that unless I have more information, I cannot advise you further. Contact an employment lawyer in your jurisdiction if you need further information.